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(영문) 서울중앙지방법원 2015.05.28 2014나17618
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On March 9, 2012, the Plaintiff transferred KRW 10,000,00 to C Representative D.

B. The aforementioned D wired the Defendant KRW 7,400,000 in total on two occasions, including KRW 6,400,000 on June 8, 2012 and KRW 1,000,00 on June 20, 2012.

[Grounds for recognition] The items of evidence Nos. 5 and 6, and the purport of the whole pleadings

2. The assertion and judgment

A. The parties' assertion that the plaintiff asserted that KRW 7,400,000, out of KRW 10,000,000 remitted to D through C representative D, was due and due until June 30, 2013, and the interest was not agreed and lent to the defendant, while the defendant did not borrow the above money from the plaintiff, and the plaintiff's money was transferred to the company's funds for the operation of the "F" established by E lending the defendant's name.

B. In light of the above facts, as alleged by the Plaintiff, the Plaintiff transferred KRW 10,00,00 to C representative D and transferred KRW 7,400,00 to the Defendant two times. However, as to whether the Plaintiff lent the aforementioned money to the Defendant through the above D, the witness E’s testimony corresponding to the witness E was considered as follows: Gap evidence No. 1, Eul’s evidence No. 1, and evidence Nos. 1 through 9 (including each number), and the purport of the entire argument in the witness E’s testimony as a whole; in other words, around July 2010, the Defendant worked for the Defendant, a representative director, who is the Plaintiff’s husband, and for the purpose of exclusive retail business, such as precious metal sales business operated by E, who is the Plaintiff, the Plaintiff, and the Plaintiff, and completed the business registration of the Plaintiff’s office and its representative e-mail transfer to the Defendant through the above e-mail intermediary business registration and its representative e-mail transfer from the Plaintiff.

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